Commonwealth v. Grieco

Following a trial by jury, the defendant was found guilty of unnatural rape and assault with intent to rape. At a pretrial hearing, the judge denied the defendant’s motion to admit evidence filed pursuant to G. L. c. 233, § 21B, the rape-shield statute. The defendant appeals from his convictions citing, as error, the judge’s exclusion of his proffered evidence. We transferred the appeal here on our own motion.

The defendant argues on appeal that the judge’s refusal to permit the defendant to testify before the jury regarding past sexual relations between the complainant and the defendant was a…